. >> thank you so much. 26 minutes after the hour and coming up, is the obama administration playing politics with jobs. despite is goibeing against thew the white house is asking defense contractors with layoff notices does it have anything to do with the election? we report you decide. with congress taking over a fiscal clip your wallet could take a major hit. whether he tell you more about this. first on this day in history in 1950 the first peanuts comic was published. >> welcome back to fox and friends first. i am ainsley earhardt. >> i am heather nauert. it is now half past the hour. now it is time for your top 5@5:30. the legal battle over obama care may not be over yet. the supreme court is giving the obama administration 30-days to respond to a new challenge from liberty university. the school is fighting to force an appeals court to hear its case. liberty says the employer mandate is unconstitutional and the individual mandate violates the right to freedom of religion. the school argues both issues were not addressed when it was upheld in june. a new report says the united